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HomeMy WebLinkAbout1979-08-01MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 1, 1979 - 1:15 PM BOARD MEMBERS: Lipps, Crosby, Ott MINUTES: ON MOTION BY LIPPS AND SECOND BY OTT, THE MINUTES OF THE REGULAR MEETING OF JULY 25, 1979, WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 79-26 Applicant: Thomas A. Shaw To permit a 360 square foot addition to an existing non -conforming garage located on the northeast corner of the intersection of 7th Street and Pecan Avenue in the Townlot Specific Plan, District 1. This request is a categorical exemption, class 1, California Environ- mental Quality Act, 1970. Chairman Crosby introduced the application to the Board. The public hearing was opened. Mr. Thomas A. Shaw, the applicant was present and stated his request as being an addition to a garage which is presently non -conforming and a reduction in setback requirements along the alley. Secretary Lipps noted that the plan as proposed was within Ordinance Code compliance, except for the size of the addition. He informed the applicant that the code allows 650 square feet for an accessory building and that the proposal as submitted exceeded the allowance by'110 square feet. Mr. Shaw stated that he would revise the plan to reflect a smaller addition to meet code requirements. There being no further parties present to speak on the application, the public hearing was closed. Board discussed findings and conditions of approval. ON MOTION BY CROSBY AND SECOND BY LIPPS, USE PERMIT NO. 79-26 WAS APPROVED.WITH THE FOLLOWING FINDINGS'AND CONDITIONS, BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Two FINDINGS• 1. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2.. The granting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's'General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 9, 1979, shall be the approved layout, subject to the modification des- cribed herein: a. Revise plan to reduce building square footage to a maximum of 650 square feet per Section 9356.10 of the Huntington Beach Ordinance Code. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modifi- cation outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. Approval of this addition shall be for an accessory building expansion and not to be used for a dwelling unit or habitable room. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Three TENTATIVE PARCEL MAP NO. 79-575 Applicant: Alex Crosman To permit the division of two (2) existing lots into four (4) separate parcels of land located on the south side of the proposed extension of Dunbar Drive beginning approximately 25 feet west of the intersection of Dunbar and Leslie Lane. This application is covered by Negative Declaration No. 79-53. ON MOTION BY CROSBY AND SECOND BY OTT THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 79-53 WITH THE MITIGATING MEASURES CONTAINED IN TENTATIVE PARCEL MAP NO. 79-575 GENERAL CONDITION B-1 IMPOSED ON THE TENT- ATIVE PARCEL MAP APPLICATION, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Mr. Alex Crosman was present to represent the application, and acknowledged receipt of the suggested conditions of approval through the mail. Secretary Lipps informed the applicant that the proposed location was considered an archaeological site, and further reviewed the mitigating measures outlined by the Environ- mental Review Committee to the applicant. Further conditions of approval were discussed. ON MOTION BY CROSBY AND SECOND BY LIPPS, TENTATIVE PARCEL MAP NO. 79-575 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The proposed division of two (2) existing lots into four (4) separate parcels for purposes of Medium Density Residential development is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was use at the time Residential was previously studied for this intensity of land the land use designation for Medium Density placed on subject property. Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Four 4. The size, depth, frontage, street width, and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE. 1. The tentative parcel map received by the Planning Department on July 10, 1979, shall be the approved layout. 2. A parcel map shall be filed with, and approved by, the Depart- ment of Public Works; and recorded with the Orange County Recorder. 3. A copy of the recorded parcel map shall be filed with the Planning Department. B. GENERAL CONDITION 1.' Prior to the approval of or issuance of a grading permit, the project developer shall provide written evidence to the Planning Director that a qualified archaeologist has been notified and invited or retained to be on -site during grading or other significant ground disturbing activity. The archaeolo- gist shall be present at a pregrading conference, shall establish procedures for cultural/scientific resource surveillance, and shall establish in cooperation with the project developer, pro- cedures for temporarily Halting or redirecting work to permit the sampling, identification, and evaluation of the antifacts or fossils, as appropriate. If cultural/scientific features are discovered, the archaeologist and/or paleontologist shall report such findings to the project developer and to the Plan- ning Director. If the cultural features are found to be signifi- cant, the Planning Director shall determine appropriate actions, in cooperation with the project developer, which insure that the resources will not be destroyed before exploration and/or salvage. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Five ADMINISTRATIVE REVIEW NO. 79-72 Applicant: Donald Stine To permit the addition of 4,660 square feet of retail space to an existing shopping center located at the northwest corner of Brook- hurst and Hamilton Streets. This request is a categorical exemption, Class 1, California Environ- mental Quality Act, 1970. Mr. Donald Stine, the applicant, was present. Board reviewed the proposal. The applicant was informed that a revised plan was required depicting parking layout, circulation, and proper dimensions of accessways. Mel Ott informed the applicant that drives adjacent to buildings would be required to be free of parked vehicles to allow proper access for emergency vehicles. Conditions of approval were discussed. ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 79-72 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan' and elevations received July 13, 1979, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board. a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. Minutes; H.B. Board of Zoning A,d j ustments Wednesday, August 1, 1979` Page Six B. GENERAL CONDITIONS: 1; Provide "No Parking" signs along drives adjacent to buildings 'as required by Fire Department-,1 2.- Parking to conform to Article-'-979 of the Huntington Beach Ordinance Code. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-74' ' A'ORlicant: ' Michael Mueller To,permit the construction of a 13,776 square foot industrial build- ing located on the northeast corner of Bolsa Chica and Argosy. Y This request is covered by EIR 73-16, approved by the City Council on March 18, 1974. 'Mr. Mueller, the applicant, was present. Board reviewed tho proposal and found same to•be within Ordinance Code conformance. Mel Ott discussed Fire Department requirements for overhead,sprinklers.or separation walls with the applicant. Further, the Boerd discussed the access agreement between the proposed parcel and,the parcel to the south with the applicant. Mr. Mueller stated that he has discussed a reciprocal agreement with the adjacent property owner and was assured that he could have access either on the front or the -rear of the property. Conditiofts of approval were discussed. ON MOTION'BY LIPPS AND SECOND BY OTT ADMINISTRATIVE REVIEW NO. 79-74 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: I A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 16, 1979, shall be the approved layout. In its approval action, the Board of•Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; . Parking layout; . Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; :. Past administrative action;'rega•rding this property. _ ti �.1'�Z�s,.� ih 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Seven 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. A reciprocal access agreement between this parcel and the parcel to the south shall be filed with the City and recorded with the County prior to issuance of Certificate of Occupancy. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None USE PERMIT NO. 79-24 Applicant: C. Ed Smith To permit the construction of a building with accessory structures incidental to a "new car" business dealership located on the east side of Beach Boulevard, approximately 330 yards north of Yorktown Avenue. This application is covered by Negative Declaration No. 79-48. ON MOTION BY LIPPS AND SECOND BY CROSBY THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 79-48 WITH THE MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 79-24 GENERAL CONDITIONS B-6 THROUGH B-10 IMPOSED ON THE USE PERMIT APPLICATION, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Messrs. Ed Smith and Locono, were present to represent the application. The public hearing was opened. Secretary Lipps introduced a letter to the Board from Mrs. Wuerer objecting to the storage or sales of any motorcycles on the proposed project. In addition, Mrs. Wuerer would like to have two front trees removed. Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Eight Chairman Crosby addressed himself to the potential noise problem that might result from an automobile dealership use. Secretary Lipps stated that it was the staff's opinion that'the layout of the buildings as proposed, would create noise problems to the adjacent property owners to the rear, and suggested the service bay building be reoriented with bays in a single line running north/south with openings to the west, or in a horseshoe configu- ration with openings to the west. Secretary Lipps further informed the applicant that the City had recently adopted a new Noise Ordinance which was very restrictive and fully enforced. Secretary Lipps also informed the applicant that the Board must find that the proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity. Redesign of the proposal was discussed. Mr. Locono suggested that the noise problem be taken under study with an acoustical engineer. Mrs. Gisela Campagne addressed the Board and stated concern over the potential noise problem. She stated that she was an employee of .the City of Huntington Beach, however, only addressed herself to the application as a neighboring resident. She further stated concern over possible noise pollution possibly resulting from loud public address system, noise of automobile body work, loud telephone system, also concern was expressed over possible bright lights spilling onto adjacent_ residental properties and possible increased air pollution from massive automobile exhausts. Location and size of driveways were discussed, as well as the require- ment of a landscape strip along the front of the property. There being no other parties present to speak on the application, the public hearing was closed. Board discussed findings and conditions of approval. ON MOTION BY LIPPS AND SECOND BY CROSBY USE PERMIT NO. 79-24 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: 'FINDINGS• 1,. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. .2. The granting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. Minutes: H.B. Board of.Zoning Adjustments Wednesday, August 1, 1979 Page Nine 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received June 23, 1979, shall be the approved layout, subject to the modifications des- cribed herein: a. Reorient service bay building with bays in a single line running north/south with openings to the west, or in a horse- shoe configuration with openings to the west, or an alterna- tive plan based upon recommendations of an Acoustical Analy- sis and acceptable to the Board of Zoning Adjustments. b. Provide nine (9) feet minimum inside dimension landscape strip along front of property as required. c. Revise plan to reflect minimum twenty seven (27) foot turning radius at customer parking area. d. Modify landscape planter at entry to service parking area with radius to Fire Department specifications. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating.to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Ten . B. GENERAL CONDITIONS: 1. Curb along Beach Boulevard to be painted red for a distance of seventy-five (75) feet south and twenty-five (25) feet north of drive approach. 2. The applicant is to acknowledge in writing, to the Secretary of the Board, that any re -orientation of the building as required by the Board does not necessarily assure compliance with Section 8.40 (Noise) of the Huntington Beach Municipal Code or relief from possible nuisance complaints from adjacent property owners, and further that he is advised by the Board to obtain an acoustical analysis of the proposed use prior to development. 3. Submit plan of design of Public Address System and Telephone System to the Secretary of the Board. 4. Lighting plan to be submitted to the Secretary of the Board prior to issuance of building permits. 5. Drive approach to be approved by the Traffic Division of the Public Works Department. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low volume heads shall be used on all indoor spigots. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be -disposed of at an offsite facility equipped to handle them. 9. If lighting is included in the parking lot, energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 10. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations; retaining walls, streets, and utilities.i AYES: Lipps, Crosby, Ott NOES: None ABSENT: None I Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Eleven ADMINISTRATIVE REVIEW NO. 79-77 Applicant: Donald G. Penkoff To permit the construction of a 13,480 square foot industrial build- ing located on the south side of Oceanus, approximately 321 feet west of Graham. This request is covered by EIR 73-16, approved by the City Council on March 18, 1974. Mr. Penkoff, the applicant, was present. Secretary Lipps stated that the proposal as submitted was within substantial Ordinance Code conformance. Board discussed parking layout with applicant. Mr. Penkoff stated that the parking arrangement would be altered, depending on user of proposed building. Conditions of approval were discussed. ON MOTION BY LIPPS AND SECOND BY OTT ADMINISTRATIVE REVIEW NO. 79-77 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 17, 1979, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Twelve ADMINISTRATIVE REVIEW NO. 79-76 Applicant: Donald G. Penkoff To permit the construction of an 11,036 square foot industrial build- ing located on the south side of Oceanus, approximately 741 feet west of Graham. This request is covered by EIR 73-16, approved by the City Council on March 18, 1974. Mr. Penkoff, the applicant, was present. Board reviewed the application and found same to be within Ordinance Code conformance. Conditions of approval were discussed. ON MOTION BY LIPPS AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-76 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 17, 1979, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width•and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None 11 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Thirteen ADMINISTRATIVE REVIEW NO. 79-75 Applicant: Donald G. Penkoff To permit the construction of an 11,036 sq. ft. industrial building located on the south side of Oceanus, approximately 841 feet west of Graham. This request is covered by EIR 73-16, approved by the -City Council on March 18, 1974. Mr. Penkoff, the applicant, was present. Board reviewed the application and found same to be within Ordinance Code conformance. Conditions of approval were discussed. ON MOTION BY LIPPS AND SECOND BY OTT ADMINISTRATIVE REVIEW NO. 79-75 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 17, 1979, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width.and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: AYES: NOES: ABSENT: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. Lipps, Crosby, Ott None None Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Fourteen USE PERMIT- NO.,79-8/CONDITIONAL EXCEPTION NO. 79-14 Applicant: Harold E. Tomkins To permit the construction of a single family dwelling and to permit a reduction in minimum front yard setback requirements from the re- quired seven (7) feet to four (4) feet; and to permit a reduction in minimum open space requirements located on the east side of. Florida Street, north of Geneva Avenue. These applications are categorical exemptions, Class 5, California Environmental Quality Act, 1970. Mr. Harold E. Tomkins, the applicant, was present to represent the applications. Secretary Lipps introduced the applications to the Board. The public hearing was opened on Use Permit No. 79-8 and Conditional Exception No. 79-14. Secretary Lipps stated that the proposal was located within the Old Town Specific Plan Area, therefore the use permit application was required due to the proposed property being a non -conforming site. He further noted that the proposed property was restrictive, thereby the applicant was requesting a reduction in front yard set- back. There being no other parties present to speak on the applications, - the public hearinc► was closdd-. Board discussed the findings and conditions of approval. ON MOTION BY CROSBY AND SECOND BY LIPPS USE PERMIT NO. 79-8 AND CONDITIONAL EXCEPTION NO. 79-14 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: . FINDINGS - USE PERMIT NO. 79-8 1. The establishment, maintenance, and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of a Use Permit will not adversely affect the . General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. LJ Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Fifteen FINDINGS - CONDITIONAL EXCEPTION NO. 79-14 1. Because of the unique size and configuration of the lot, the applicant is deprived of parity with other properties in the vicinity if the ordinance code is strictly applied. 2. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 3. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 4. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 6. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - USE PERMIT NO. 79-8 AND CONDITIONAL EXCEPTION NO. 79-14 A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received April 4, 1979, shall be the approved layout, subject to the modifications des- cribed herein: a. Revise Plan to show minimum garage size or 19 ft. X 18 ft. inside dimension and precise setback of building from Florida Street. b. Revise Plan to show precise dimensions of driveway and driveway approach. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be ap- proved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Sixteen Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. Driveway access to be approved by Public Works Department prior to issuance of Building Permits. 2. Provide automatic garage door opener. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None. ADMINISTRATIVE REVIEW NO. 79-71 Applicant: RMI Architects To permit construction of a three-story commercial building within a shopping center in lieu of a previously approved two-story structure, located on the southeast corner of Garfield Avenue and Magnolia Street. This,request is covered by Negative Declaration No. 78-57, previously approved. Messrs. Meyer and Lasley were present to represent the application. Secretary Lipps introduced the application to the Board. He stated that this was an addition of another story to a previously approved _office professional building. He further stated that the parking layout was somewhat changed, however, the plan was within Ordinance Code conformance. Conditions of approval were discussed. ON MOTION BY OTT AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 79-71 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: - CONDITIONS OF APPROVAL: A: TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 6, 1979, shall be the approved layout. In its'approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Minutes: H.B. Board of Zoning Adjustments Wednesday, August 1, 1979 Page Seventeen Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. (Applicable to revised or new landscaping only) b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equip- ment and shall delineate the type of material proposed to screen said equipment. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None USE PERMIT NO. 79-25 Applicant: The Huntington Partnership To permit the expansion and amendment to an existing retail center and marina located on the east side of Pacific Coast Highway, approximately 660 feet southeast of Anderson Street. Secretary Lipps suggested a continuance of this application to allow staff time to research the proposed parking and marina of the appli- cation. Board concurred with continuance. ON MOTION BY LIPPS AND SECOND BY CROSBY USE PERMIT NO. 79-25 WAS CON- TINUED TO AUGUST 8, 1979, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Walter Lipps Secretary . rl